CAFC Declines to Impose Timing Requirement for POSITAs

"All that is required to be qualified to offer expert testimony on issues from the vantage point of an ordinarily skilled artisan in a patent case is that an expert must at a minimum possess ordinary skill in the art." — CAFC.

"The CAFC noted that Planmeca did not file a Daubert motion seeking to exclude Dr. Kia's testimony because he was not a person of ordinary skill in the art."

"The jury was instructed that 'a person of ordinary skill in the art would have a bachelor's degree in electrical or computer engineering, plus 3 to 5 years working in a diagnostic imaging environment.'"

"The district court denied Planmeca's motion for JMOL as to invalidity and noninfringement, explaining that Planmeca was not entitled to JMOL on any issue because substantial evidence supported the jury's findings."

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